The Veteran's left knee disability is rated at 10 percent, effective March 12, 2010. The Board found that the evidence was in relative equipoise as to whether symptoms of left knee instability more nearly approximated slight lateral instability from March 12, 2010 to May 23, 2017, and granted a separate initial rating of 10 percent for this period. From May 23, 2017, the Veteran's left knee instability was found to more nearly approximate slight lateral instability. The Board also found that reasonable doubt should be resolved in favor of the Veteran regarding his TDIU claim on a schedular basis.
The deciding factor: The evidence did not consistently show moderate or severe instability as required for higher ratings under DC 5257, but was consistent with slight instability throughout the appeal period. The Board found that reasonable doubt should be resolved in favor of the Veteran regarding his TDIU claim on a schedular basis.
- Claimed conditions
- lumbar spine disability, left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 9, 2018
- Citation
- 1801399
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1801399.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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